It’s been a little more than five years since part of the Champlain Towers South condominium building near Miami collapsed, killing nearly 100 people. The Surfside tragedy raised troubling questions about how condo associations can assure residents their buildings are safe.

 

State lawmakers responded with a new law requiring mandatory inspections for many condo buildings, but those same protections are not in place for residents living in older apartment buildings. Two state lawmakers from Central Florida are talking about ways to keep aging apartment buildings safe. The Surfside collapse near Miami in June 2021 was a stunning failure of infrastructure in an aging condo building. State officials say 98 people died when two large support columns of the tower failed, causing part of the building to tumble. “We already had legislation in place, but we stiffened and strengthened that legislation. I think it was the right thing to do," said state Rep. David Smith, a Republican from Seminole County.

Smith says Florida lawmakers responded urgently, passing Senate Bill 4-D during a special session in 2022. It requires condo associations to maintain reserves to pay for major building repairs and to conduct structural inspections on condo buildings three stories or taller when the building is 30 years old and every 10 years after that. It also requires condo buildings close to the coast to undergo inspections when a building is 25 years old.

“These condo associations, and you can think of it as homeowners association, can’t waive the rules to not do the inspections," Smith said.

The law regulating condos does not require mandatory inspections or reserve funds to maintain Florida’s aging apartment buildings. At least two incidents occurred at Central Florida apartment buildings this year.

This past March, 350 residents evacuated The Rialto apartments in Dr. Phillips after a resident heard popping sounds and their door would not open. Investigators say they found several gaps under some buildings’ concrete slab foundations. The largest gap was 3 feet deep and 15 feet in diameter.

Also in March, residents had to move out of 85 units at the Pebble Creek Apartments in Lake Mary after inspectors found 53 unsafe staircases in 21 buildings and structural problems with some buildings. Inspectors ruled two of the buildings uninhabitable. Some residents moved to other units on the property, but some moved out.

Neil Nelson has lived at Pebble Creek for two years. He thinks Florida should have laws requiring inspections of aging apartment buildings and reserve funds for repairs.

“It protects people and it protects facilities, because if something did happen, the facility did fall, that’s a lawsuit for the apartment complex as well," Nelson said.

Florida Rep. Anna Eskamani of Orlando said, “It’s all for safety, and I do think we can’t put a price to safety.”

Eskamani thinks tall apartment buildings should face more state regulation because they need more long-term maintenance.

“When we see apartments go up really fast just like homes that go up really fast, unfortunately this is where shortcuts can be taken, and you’re going to see problems that endanger people’s lives," Eskamani said.

She believes lawmakers should set strong construction and permitting guidelines for local governments to follow when they approve new apartment projects.

Smith says we need to make sure buildings are built to code so they will last. He added that Seminole County’s building and fire code inspectors do great work at the local level. However, Smith believes Tallahassee cannot offer a single solution to solve Florida’s building problems.

Smith says, “I don’t care if it’s a condo or an apartment, we don’t want the building to collapse. That’s what we all need to be focused on.”

Seminole County government sent Spectrum News 13 an update saying the 85 units deemed unsafe for occupancy at the Pebble Creek Apartments in Lake Mary remain restricted from occupancy and use.

The county says the apartment complex managers are still working to complete the engineer’s evaluation of each structure and its associated stair systems, and to date no permits or engineer’s reports have been submitted to the county’s chief building official.